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Private School’s Volunteer Treasurer Requires a Trial

Posted May 15, 2018

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The issue of a penalty for a private school’s volunteer treasurer requires a trial. A U.S. District Court denied summary judgment to the IRS on its imposition of a trust fund recovery penalty. Why? The man’s conduct could make him eligible for a “reasonable cause” exception for being penalized, but a trial is necessary to make that determination. An exception requires that a “responsible person’s” failure to cause withheld payroll taxes to be paid over to the IRS isn’t willful if the person reasonably believed the taxes were being paid. (Bibler, DC OH, 4/23/18)

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